Case number and/or case name
Hoteles Sol Meliá S.L. Roj: STSJ AND 16821/2009 - ECLI:ES:TSJAND:2009:16821
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
23 June 2009
CJEU's case law cited by the court
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is a termination of employment. The employee worked for a hotel company as a cooker in Cuba. The company was based in Panama and did not have a branch or establishment in Cuba.
Court decision: the court comes to the conclusion that Spanish courts are not competent to decide on the case according to arts. 18.2 and 4 of Brussels I Regulation. It was not proved that the job offer was made in Spain.
In order to decide, the court makes a correct interpretation of the general rules on jurisdiction of Brussels I Regulation as well as the provisions on jurisdiction over individual contracts of employment contained in that Regulation.
Appeal history (not available in the database):
Court decision: Juzgado de lo Social núm. 4 de Granada (Spain) (First instance)
Date: 03-02-2008